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Meera Labs files a convention application in India. The Controller asks to see the foreign specification, and the applicant's basic application was in French. Which statement is correct under the Chapter on convention applications?

The applicant must furnish verified copies of the foreign specification when the Controller requires, and if the document is in a foreign language such as French, an English translation verified by affidavit or otherwise when required. The Controller also decides the foreign filing date to his satisfaction.

  1. AThe applicant must furnish copies of the foreign specification when required by the Controller, and an English translation verified by affidavit or otherwise when requiredCorrect
  2. BNo translation is ever needed because the Indian complete specification is sufficient
  3. CThe Controller must accept the applicant's own statement of the foreign filing date without any certificate
  4. DCopies need to be furnished only after grant of the patent

Explanation

Section 138(1) requires copies of the foreign specifications when the Controller requires them, within the prescribed period, and Section 138(2) requires a verified English translation of foreign-language documents when required. The filing date is established under Section 138(3) to the Controller's satisfaction, typically by certificate.

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